R. Di Lallo

The Ontario Land Tribunal issued a procedural order governing the hearing of an appeal by the applicant against the respondent municipality's refusal of a zoning by-law amendment application.

The amendment seeks to permit a three-storey, 34-unit apartment building.

The order sets out the issues list, order of evidence, and procedural dates leading up to a three-day video hearing scheduled to commence on January 16, 2023.

The Tribunal held a Case Management Conference to consider a proposed settlement of an appeal against the City of Thorold's Comprehensive Zoning By-law.

The settlement proposed rezoning the subject lands from Environmental Protection Two to R1A.

Based on expert land use planning evidence that the boundary refinement was minor and supported by an Environmental Impact Study, the Tribunal allowed the appeal in part and in principle, subject to the submission of a revised draft Zoning By-law Amendment including a holding provision and conditions of approval.

The appellants brought a motion for costs against the Town of Niagara-on-the-Lake following a successful appeal regarding a site plan application and the removal of a holding provision for an estate winery.

The appellants argued that the Town's conduct in processing the application and during the appeal was unreasonable and vexatious.

The Tribunal found that while the Town could have dealt with the matter more expeditiously, its actions did not meet the high threshold of being unreasonable, frivolous, vexatious, or in bad faith.

The motion for costs was dismissed, as was the Town's request for costs of the motion.

The appellant appealed the City of Niagara Falls' adoption of Official Plan Amendment No. 127 and an implementing zoning by-law, which permitted Vacation Rental Units (VRUs) as-of-right in certain commercial zones but required site-specific amendments for residential zones.

The appellant argued VRUs should be permitted as-of-right in residential zones.

The Tribunal found that the City's approach appropriately balanced the need to support the tourism industry with the obligation to provide a range and mix of housing for residents.

The Tribunal dismissed the appeals, finding the instruments consistent with the Provincial Policy Statement 2020 and in conformity with the Growth Plan 2019, the Region of Niagara Official Plan, and the City's Official Plan.